Ordinance 88-2619 ORDINANCE NO. 88-2619
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING SECTION 40 OF THE MIAMI
BEACH CITY CHARTER ENTITLED "ELECTIONS FOR CITY
OFFICERS; QUALIFICATIONS FOR CANDIDATES FOR OFFICE;
GENERAL AND SPECIAL ELECTIONS; POLLING PLACES" SO AS TO
CHANGE THE TIME PERIOD FOR QUALIFYING FOR ELECTED
OFFICE VIA PETITION FROM NOT LESS THAN TEN DAYS PRIOR
TO THE LAST QUALIFYING DAY FOR ELECTED OFFICE TO NO
LATER THAN THE SECOND DAY FOR QUALIFYING FOR ELECTED
OFFICE AND BY PROVIDING THAT THE PETITION'S SIGNATURES
SHALL BE DETERMINED AS OF THE DATE SIXTY DAYS PRIOR TO
THE FIRST DAY OF QUALIFYING AS A CANDIDATE FOR OFFICE
AS OPPOSED TO SIXTY DAYS PRIOR TO THE DATE OF THE
GENERAL ELECTION; PROVIDING FOR SEVERABILITY; REPEALING
ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING FOR
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA.
SECTION 1.
That Section 40 of the Miami Beach City Charter entitled
"Elections for City Officers; Qualifications for Candidates for
Office; General and Special Elections; Polling Places" is hereby
amended to read as follows:
Sec. 40. Elections for city officers; qualifications of
candidates for office; general and special elections;
polling place.
There shall be held in the City of Miami Beach on the first
Tuesday in November, 1975, and biennually thereafter, a general
election, at which all elective officers of the City of Miami
Beach shall be nominated or elected, as provided in Section 8 of
this Charter. The said general election shall be conducted as
provided by said Section 8 . The city commission shall cause to
be placed on the ballot to be used in said general election the
name of any qualified elector of the city who, not more than one
hundred and thirteen days nor less than one hundred and nine days
prior to said general election, shall have paid to the city clerk
for the City of Miami Beach a sum equal to seven and one-half
percent of the annual salary of the office to which he seeks
election as a qualifying fee and shall have been photographed and
fingerprinted by the identification bureau of the police
department of the city, unless such person shall file with the
city clerk eet-less-theft--t-ear--okays--gr-io-r--te-the-4_-ast-elay-f-o-p no
later than the second day for qualifying as a candidate for such
office, a petition approving his candidacy signed by sufficient
qualified and registered voters to constitute not less than two
per cent of the number of such voters as the same shall be on the
date sixty days prior to the first day of qualifying as a
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candidate for office, tire-elate-e€-th-e-general-elect ert- and shall
have taken, signed and subscribed to an oath or affirmation in
writing in which he shall state (1) the title of the office for
which he is a candidate; (2) that he is a qualified elector of
the City of Miami Beach, Florida; (3) his legal residence, by
street and number; (4) that he is qualified under the ordinances
and charter of the City of Miami Beach, Florida, to hold the
office for which he is a candidate; and (5) that he has paid the
qualification fee required by this section.
Such oath or affirmation shall be substantially in the following
form:
STATE OF FLORIDA:
SS:
COUNTY OF DADE:
Before me, an officer authorized to administer oaths, personally
appeared to me well known who,
being sworn, says that he is a candidate for the office of the
City Commissioner (Group Number ) (or Mayor) for the City
of Miami Beach, Florida; that he is a qualified elector of said
city; that his legal residence is Miami
Beach, Dade County, Florida; that he is qualified under the
ordinances and Charter of said City to hold such office; and that
he has paid the required qualification fee.
Signature of Candidate
Sworn to and subscribed before me this day of
A D , 19
(Authorized Officer)
The city commission shall, by ordinance, prescribe the manner of
holding general and special elections not inconsistent with the
provisions hereof, and shall, by ordinance or resolution,
prescribe polling places in the various voting precincts in the
city.
SECTION 2. SEVERABILITY
If any section, sentence, clause or phrase of this ordinance is
held to be invalid or unconstitutional by any court of competent
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jurisdiction, then said holding shall in no way affect the
validity of the remaining portions of this ordinance.
SECTION 2. REPEALER
All Ordinances or parts of ordinances in conflict herewith be and
the same are hereby repealed.
SECTION 4. EFFECTIVE DATE
This ordinance shall take effect ten (10) days after its
adoption, on June 25 , 1988 .
PASSED and ADOPTED on this 15th day of June
1988 .
AZkil.'°°/1111
ATTEST: MA •R
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CITY Ci K
1st Reading - June 1, 1988
JKO/rg 2nd Reading - June 15, 1988
FORM APPROVED
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